General Terms and Conditions

1. Terms of Use

The following terms govern the business relationship between BECONART and its customers. This also includes websites, companies, and brands under our management, along with their content, including offers and orders. Contracts will be accepted solely in accordance with our terms of order, delivery, and payment. The customer’s terms and conditions of purchase are expressly rejected unless approved in writing in individual cases. BECONART’s silence regarding submitted contract and order terms does not constitute approval. Contract and order terms are binding only if approved in writing by us. Conflicting or contradictory agreements, as well as telephone or verbal agreements, are binding only if approved in writing by us. We reserve the right to engage additional authorized companies under our supervision, independent craftsmen, contractors, and specialized suppliers to perform and fulfill the contractual obligation (construction services through subcontractors).

2. Suggestions

Our offers are subject to change, are non-binding, and are based on these General Terms and Conditions. Any deviations from these terms are valid only if they are expressly stated in writing in the offer and confirmed in writing by us via fax or email. Additional verbal agreements are not permitted. We assume no liability for the accuracy of technical data and other information contained in price lists, notices, catalogs, printed materials, or manufacturers’ brochures. We reserve the right to make technical changes. Any deviation does not entitle the customer to make claims, provided that it is reasonable for the customer.

3. Formation of the Contract and the Content of the Contract

The scope of BECONART’s services and the fees to be paid by the client, as well as additional terms, will be set forth in an individual contract, a work contract, or a framework agreement between BECONART and the client. The contract shall be deemed effective when the client sends a signed copy of the contract (order) (and in certain cases also via email or fax) and BECONART performs the service and/or delivers the material. All orders placed with BECONART are binding only after our written confirmation or the commencement of work. By placing an order or receiving written confirmation, the client acknowledges these terms and conditions. These terms are expressly stated in the relevant documents and are available online at https://beton-chasuf.com/impressum-datenschutz/. A printed or digital copy can be sent upon request.

4. Execution / Execution Dates

If the provision of services by BECONART is delayed due to unforeseen circumstances beyond our control, such as weather conditions, air and material temperatures below 5°C, painting at temperatures below 12°C, rain during outdoor work, closure of construction sites due to regulations or force majeure, the completion date will be extended. Periods of inactivity, interruptions, or delays beyond our control must be compensated by the customer in accordance with the service contract with 80%’s employee payment schedule, in addition to any additional costs such as travel expenses. The client must provide proof of minor damages.

5. Approval

Major projects are typically discussed with the client on a weekly basis, either on-site or by phone, and documented in writing. For projects with a duration of more than 4 weeks, interim progress is documented in written inspection reports. Upon completion of the work, acceptance can be granted in person on-site or via a written acceptance certificate. Acceptance is also carried out in accordance with applicable law, such as the German Civil Code (BGB) or the VOB regulations.

6. Complaints, Defects, and Liability

Complaints regarding incomplete or incorrect work, or visible defects, must be submitted in writing immediately, no later than 8 days after the work is completed. Other defects must be reported in writing as soon as they are discovered. If not reported in a timely manner, the service provided will be deemed acceptable and will preclude further claims. In the event of a dispute regarding a defect, BECONART must inspect the service in question and correct the defects. If the customer makes corrections without BECONART’s approval, all claims will be void.

7. Terms of Supply for Raw Materials

Raw materials will be delivered upon receipt of a written order and in accordance with the logistics terms. Technical specifications and safety guidelines set forth in the technical data sheet must be followed when handling the materials. Returns are not permitted. If the material is shipped to the customer or to a delivery address at the construction site at the customer’s request, the risk of accidental loss or damage passes to the customer upon shipment.

8. Prices and Payment Terms

All prices are exclusive of applicable VAT or subject to the reverse charge mechanism pursuant to § 13b of the Value-Added Tax Act (UStG). Payment is due on the date specified after the invoice is issued. Our standard payment terms are 5 calendar days from the invoice date. We reserve the right to claim compensation for late payment.

9. Advance Payment / Partial Payment

For new customers, we reserve the right to require an advance payment of up to the full contract amount upon order confirmation. Delivery or service will be provided only after receipt of the advance payment.

10. Cancellation

If the customer terminates the contract without valid cause, or if the contract cannot be performed for reasons attributable to the customer, BECONART has the right to claim compensation in the amount of 25% of the net contract value, without prejudice to the right to document greater losses.

11. Credit Check

BECONART reserves the right to collect information regarding the contracting party’s creditworthiness from credit reporting agencies, particularly prior to entering into a contract, and to transmit personal contract data to such agencies.

12. Jurisdiction

The exclusive jurisdiction and venue for any legal dispute arising directly or indirectly from the contractual relationship shall be BECONART’s principal offices in Stuttgart.

13. Final Provisions

Only the laws of the Federal Republic of Germany shall apply. Any conflicting agreements must be in writing to be valid. Email is not sufficient to satisfy the written requirement. If any provision of these General Terms and Conditions is invalid, the validity of the remaining provisions shall remain unaffected.